[Senate Report 107-280]
[From the U.S. Government Publishing Office]
Calendar No. 599
107th Congress Report
SENATE
2d Session 107-280
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CAPE FOX LAND ENTITLEMENT ADJUSTMENT ACT OF 2002
_______
September 13, 2002.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2222]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2222) to resolve certain conveyances and
provide for alternative land selections under the Alaska Native
Claims Settlement Act related to Cape Fox Corporation and
Sealaska Corporation, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cape Fox Land Entitlement Adjustment
Act of 2002''.
SEC. 2. FINDINGS.
Congress finds that:
(1) Cape Fox Corporation (Cape Fox) is an Alaska Native
Village Corporation organized pursuant to the Alaska Native
Claims Settlement Act (ANCSA) (43 U.S.C. 1601 et seq.) for the
Native Village of Saxman.
(2) As with other ANCSA village corporations in Southeast
Alaska, Cape Fox was limited to selecting 23,040 acres under
section 16 of ANCSA.
(3) Except for Cape Fox, all other Southeast Alaska ANCSA
village corporations were restricted from selecting within two
miles of a home rule city.
(4) To protect the watersheds in the vicinity of Ketchikan,
Cape Fox was restricted from selecting lands within six miles
from the boundary of the home rule City of Ketchikan under
section 22(l) of ANCSA (43 U.S.C. 1621(l)).
(5) The six mile restriction damaged Cape Fox by precluding
the corporation from selecting valuable timber lands,
industrial sites, and other commercial property, not only in
its core township but in surrounding lands far removed from
Ketchikan and its watershed.
(6) As a result of the six mile restriction, only the remote
mountainous northeast corner of Cape Fox's core township, which
is nonproductive and of no known economic value, was available
for selection by the corporation. Selection of this parcel was,
however, mandated by section 16(b) of ANCSA (43 U.S.C.
1615(b)).
(7) Cape Fox's land selections were further limited by the
fact that the Annette Island Indian Reservation is within its
selection area, and those lands were unavailable for ANCSA
selection. Cape Fox is the only ANCSA village corporation
affected by this restriction.
(8) Adjustment of Cape Fox's selections and conveyances of
land under ANCSA requires adjustment of Sealaska Corporation's
(Sealaska) selections and conveyances to avoid creation of
additional split estate between National Forest System surface
lands and Sealaska subsurface lands.
(9) There is an additional need to resolve existing areas of
Sealaska/Tongass split estate, in which Sealaska holds title or
conveyance rights to several thousand acres of subsurface lands
that encumber management of Tongass National Forest surface
lands.
(10) The Tongass National Forest lands identified in this Act
for selection by and conveyance to Cape Fox and Sealaska,
subject to valid existing rights, provide a means to resolve
some of the Cape Fox and Sealaska ANCSA land entitlement issues
without significantly affecting Tongass National Forest
resources, uses or values.
(11) Adjustment of Cape Fox's selections and conveyances of
land under ANCSA through the provisions of this Act, and the
related adjustment of Sealaska's selections and conveyances
hereunder, are in accordance with the purposes of ANCSA and
otherwise in the public interest.
SEC. 3. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LANDS.
Notwithstanding the provisions of section 16(b) of ANCSA (43 U.S.C.
1615(b)), Cape Fox shall not be required to select or receive
conveyance of approximately 160 acres of federal unconveyed lands
within Section 1, T. 75 S., R. 91 E., C.R.M.
SEC. 4. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.
(a) Selection and Conveyance of Surface Estate.--In addition to
lands made available for selection under ANCSA, within 24 months after
the date of enactment of this Act, Cape Fox may select, and, upon
receiving written notice of such selection, the Secretary of the
Interior shall convey approximately 99 acres of the surface estate of
Tongass National Forest lands outside Cape Fox's current exterior
selection boundary, specifically that parcel described as follows:
T. 73 S., R. 90 E., C.R.M.
Section 33: SW portion of SE \1/4\: 38 acres.
Section 33: NW portion of SE \1/4\: 13 acres.
Section 33: SE \1/4\ of SE \1/4\: 40 acres.
Section 33 SE \1/4\ of SW \1/4\: 8 acres.
(b) Conveyance of Subsurface Estate.--Upon conveyance to Cape Fox
of the surface estate to the lands identified in subsection (a), the
Secretary of the Interior shall convey to Sealaska the subsurface
estate to the lands.
(c) Timing.--The Secretary of the Interior shall complete the
interim conveyances to Cape Fox and Sealaska under this section within
180 days after the Secretary of the Interior receives notice of the
Cape Fox selection under subsection (a).
SEC. 5. EXCHANGE OF LANDS BETWEEN CAPE FOX AND THE TONGASS NATIONAL
FOREST.
(a) General.--The Secretary of Agriculture shall offer, and if
accepted by Cape Fox, shall exchange the federal lands described in
subsection (b) for lands and interests therein identified by Cape Fox
under subsection (c) and, to the extent necessary, lands and interests
therein identified under subsection (d).
(b) Lands To Be Exchanged to Cape Fox.--The lands to be offered for
exchange by the Secretary of Agriculture are Tongass National Forest
lands comprising approximately 2,663.9 acres in T. 36 S., R. 62 E.,
C.R.M. and T. 35 S., R. 62 E., C.R.M., as designated upon a map
entitled ``Proposed Kensington Project Land Exchange,'' dated March 18,
2002, and available for inspection in the Forest Service Region 10
regional office in Juneau, Alaska.
(c) Lands To Be Exchanged to the United States.--Cape Fox shall be
entitled, within 60 days after the date of enactment of this Act, to
identify in writing to the Secretaries of Agriculture and the Interior
the lands and interests in land that Cape Fox proposes to exchange for
the federal lands described in subsection (b). The lands and interests
in lands shall be identified from lands previously conveyed to Cape Fox
comprising approximately 2,900 acres and designated as parcels A-1 to
A-3, B-1 to B-3, and C upon a map entitled ``Cape Fox Corporation ANCSA
Land Exchange Proposal,'' dated March 15, 2002, and available for
inspection in the Forest Service Region 10 regional office in Juneau,
Alaska. Lands identified for exchange within each parcel shall be
contiguous to adjacent National Forest System lands and in reasonably
compact tracts. The lands identified for exchange shall include a
public trail easement designated as D on said map, unless the Secretary
of Agriculture agrees otherwise. The value of the easement shall be
included in determining the total value of lands exchanged to the
United States.
(d) Valuation of Exchange Lands.--The Secretary of Agriculture
shall determine whether the lands identified by Cape Fox under
subsection (c) are equal in value to the lands described in subsection
(b). If the lands identified under subsection (c) are determined to
have insufficient value to equal the value of the lands described in
subsection (b), Cape Fox and the Secretary shall mutually identify
additional Cape Fox lands for exchange sufficient to equalize the value
of lands conveyed to Cape Fox.Such lands shall be contiguous to
adjacent National Forest System lands and in reasonably compact tracts.
(e) Conditions.--The offer and conveyance of federal lands to Cape
Fox in the exchange shall, notwithstanding section 14(f) of ANCSA, be
of the surface and subsurface estate, but subject to valid existing
rights and all other provisions of section 14(g) of ANCSA.
(f) Timing.--The Secretary of Agriculture shall attempt, within 90
days after the date of enactment of this Act, to enter into an
agreement with Cape Fox to consummate the exchange consistent with this
Act. The lands identified in the exchange agreement shall be exchanged
by conveyance at the earliest possible date after the exchange
agreement is signed. Subject only to conveyance from Cape Fox to the
United States of all its rights, title and interests in the Cape Fox
lands included in the exchange consistent with this Act, the Secretary
of the Interior shall complete the interim conveyance to Cape Fox of
the federal lands included in the exchange within 180 days after the
execution of the exchange agreement by Cape Fox and the Secretary of
Agriculture.
SEC. 6. EXCHANGE OF LANDS BETWEEN SEALASKA AND THE TONGASS NATIONAL
FOREST.
(a) General.--Upon conveyance of the Cape Fox lands included in the
exchange under section 5 and conveyance and relinquishment of Sealaska
in accordance with this Act of the lands and interests in lands
described in subsection (c), the Secretary of the Interior shall convey
to Sealaska the federal lands identified for exchange under subsection
(b).
(b) Lands To Be Exchanged to Sealaska.--The lands to be exchanged
to Sealaska are to be selected by Sealaska from Tongass National Forest
lands comprising approximately 9,329 acres in T. 36 S., R. 62 E.,
C.R.M., T. 35 S., R. 62 E., C.R.M., and T. 34 S., Range 62 E., C.R.M.,
as designated upon a map entitled ``Proposed Sealaska Corporation Land
Exchange Kensington Lands Selection Area,'' dated April, 2002 and
available for inspection in the Forest Service region 10 Regional
Office in Juneau, Alaska. Within 60 days after receiving notice of the
identification by Cape Fox of the exchange lands under Section 5(c),
Sealaska shall be entitled to identify in writing to the Secretaries of
Agriculture and the Interior the lands that Sealaska selects to receive
in exchange for the Sealaska lands described in subsection (c). Lands
selected by Sealaska shall be in no more than two contiguous and
reasonably compact tracts that adjoin the land described for exchange
to Cape Fox in section 5(b). The Secretary of Agriculture shall
determine whether these selected lands are equal in value to the lands
described in subsection (c) and may adjust the amount of selected lands
in order to reach agreement with Sealaska regarding equal value. The
exchange conveyance to Sealaska shall be of the surface and subsurface
estate in the lands selected and agreed to by the Secretary but subject
to valid existing rights and all other provisions of section 14(g) of
ANCSA.
(c) Lands To Be Exchanged to the United States.--The lands and
interests therein to be exchanged by Sealaska are the subsurface estate
underlying the Cape Fox exchange lands described in section 5(c), an
additional approximately 2,506 acres of the subsurface estate
underlying Tongass National Forest surface estate, described in Interim
Conveyance No. 1673, and rights to an additional approximately 2,698
acres of subsurface estate of Tongass National Forest lands remaining
to be conveyed to Sealaska from Group 1, 2 and 3 lands as set forth in
the Sealaska Corporation/United States Forest Service Split Estate
Exchange Agreement of November 26, 1991, at Schedule B, as modified on
January 20, 1995.
(d) Timing.--The Secretary of Agriculture shall attempt, within 90
days after receipt of the selection of lands by Sealaska under
subsection (b), to enter into an agreement with Sealaska to consummate
the exchange consistent with this Act. The lands identified in the
exchange agreement shallbe exchanged by conveyance at the earliest
possible date after the exchange agreement is signed. Subject only to
the Cape Fox and Sealaska conveyances and relinquishments described in
subsection (a), the Secretary of the Interior shall complete the
interim conveyance to Sealaska of the federal lands selected for
exchange within 180 days after execution of the agreement by Sealaska
and the Secretary of Agriculture.
(e) Modification of Agreement.--The executed exchange agreement
under this section shall be considered a further modification of the
Sealaska Corporation/United States Forest Service Split Estate Exchange
Agreement, as ratified in section 17 of Public Law 102-415 (October 14,
1992).
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Equal Value Requirement.--The exchanges described in this Act
shall be of equal value. Cape Fox and Sealaska shall have the
opportunity to present to the Secretary of Agriculture estimates of
value of exchange lands with supporting information.
(b) Title.--Cape Fox and Sealaska shall convey and provide evidence
of title satisfactory to the Secretary of Agriculture for their
respective lands to be exchanged to the United States under this Act,
subject only to exceptions, reservations and encumbrances in the
interim conveyance or patent from the United States or otherwise
acceptable to the Secretary of Agriculture.
(c) Hazardous Substances.--Cape Fox, Sealaska, and the United
States each shall not be subject to liability for the presence of any
hazardous substance in land or interests in land solely as a result of
any conveyance or transfer of the land or interests under this Act.
(d) Effect on ANCSA Selections.--Any conveyance of federal surface
or subsurface lands to Cape Fox or Sealaska under this Act shall be
considered, for all purposes, land conveyed pursuant to ANCSA. Nothing
in this Act shall be construed to change the total acreage of land
entitlement of Cape Fox or Sealaska under ANCSA. Cape Fox and Sealaska
shall remain charged for any lands they exchange under this Act and any
lands conveyed pursuant to section 4, but shall not be charged for any
lands received under section 5 or section 6. The exchanges described in
this Act shall be considered, for all purposes, actions which lead to
the issuance of conveyance to Native Corporations pursuant to ANCSA.
Lands or interests therein transferred to the United States under this
Act shall become and be administered as part of the Tongass National
Forest.
(e) Effect on Statehood Selections.--Lands conveyed to or selected
by the State of Alaska under the Alaska Statehood Act (Public Law 85-
508; 72 Stat. 339; 48 U.S.C. note prec. 21) shall not be eligible for
selection or conveyance under this Act without the consent of the State
of Alaska.
(f) Maps.--The maps referred to in this Act shall be maintained on
file in the Forest Service Region 10 Region Office in Juneau, Alaska.
The acreages cited in this Act are approximate, and if there is any
discrepancy between cited acreage and the land depicted on the
specified maps, the maps shall control. The maps do not constitute an
attempt by the United States to convey State or private land.
(g) Easements.--Notwithstanding section 17(b) of ANCSA, federal
lands conveyed to Cape Fox or Sealaska pursuant to this Act shall be
subject only to the reservation of public easements mutually agreed to
and set forth in the exchange agreements executed under this Act. The
easements shall include easement necessary for access across the lands
conveyed under this Act for use of national forest or other public
lands.
(h) Old Growth Reserves.--The Secretary of Agriculture shall add an
equal number of acres to old growth reserves on the Tongass National
Forest as are transferred out of Federal ownership as a result of this
Act.
SEC. 8. AUTHORIZATION OF APPROPRIATION.
(a) Department of Agriculture.--There are authorized to be
appropriated to the Secretary of Agriculture such sums as may be
necessary for value estimation and related costs of exchanging lands
specified in this Act, and for road rehabilitation, habitat and timber
stand improvement, including thinning and pruning, on lands acquired by
the United States under this Act.
(b) Department of the Interior.--There are authorized to be
appropriated to the Secretary of the Interior such sums as may be
necessary for land surveys and conveyances pursuant to this Act.
PURPOSE
S. 2222 directs the Secretary of Agriculture to complete
land exchanges with Cape Fox Corporation and Sealaska
Corporation in Southeast Alaska.
BACKGROUND AND NEED
The Alaska Native Claims Settlement Act (Public Law 92-203)
granted more than 200 village corporations rights to select
public lands in Alaska. Each corporation was required to select
all public land within a township in which the village is
located. Any remaining lands need to complete a village's
entitlement were to be selected from areas identified in ANCSA
that were withdrawn from public land laws. Section 16(b) of
ANCSA entitled each of ten village corporations in Southeast
Alaska, including Cape Fox Corporation (Cape Fox), to select
23,040 acres of public land. Section 16(b) also required such
selections to be contiguous and in reasonably compact tracts.
With the exception of Cape Fox, all other Southeast Alaska
ANCSA village corporations were restricted from selecting
within two miles of a home rule city. Cape Fox was restricted
from selecting lands within six miles from the home rule City
of Ketchikan in order to protect the watersheds in the vicinity
of Ketchikan.
The six mile restriction precluded the Cape Fox Corporation
from selecting valuable timber lands, industrial sites, and
other commercial property within that area, leaving only the
remote mountainous northeast corner of Cape Fox's core
township, which is nonproductive and of no economic value,
available for selection. Selection of this parcel was required
by section 16(b) of ANCSA that requires village corporations to
select lands within its core township.
Cape Fox's land selections were further limited because the
Annette Island Indian Reservation is within its selection area,
and those lands were unavailable for ANCSA selection.
S. 2222 directs the Secretary of Agriculture to complete a
land exchange with Cape Fox in southeast Alaska. Sealaska
Corporation is the Regional Corporation in the area. Regional
Corporations received the subsurface estate to lands selected
by village corporations. S. 2222 also directs the Secretary to
complete a land exchange with Sealaska. The transfers and
exchanges will resolve problems for both Cape Fox and Sealaska
as well as allow the federal government to acquire several
thousand acres of subsurface estate that presently encumbers
management of Tongass National Forest Surface lands.
LEGISLATIVE HISTORY
S. 2222 was introduced by Senator Murkowski on April 23,
2002. The Subcommittee on Public Lands and Forests held a
hearing on S. 2222 on June 8, 2002. At the business meeting on
July 31, 2002, the Committee on Energy and Natural Resources
ordered S. 2222, as amended, favorably reported.
COMMITTEE RECOMMENDATIONS
The Committee on Energy and Natural Resources, in open
business session on July 31, 2002, by a voice vote of a quorum
present, recommends that the Senate pass S. 2222, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 2222, the Committee adopted
an amendment in the nature of a substitute. The amendment makes
numerous technical and clarifying changes. The amendment also
requires that the exchanges be of equal value, not net loss of
old growth reserves in the Tongass occur as a result of this
act, and deletes the 500 buffer in section 5(b).
SECTION-BY-SECTION ANALYSIS
Section 1 provide the short title.
Section 2 sets forth a series of findings.
Section 3 states that notwithstanding the provisions of
section 16(b) of ANCSA, Cape Fox Corporation shall not be
required to select or receive conveyance of 160 acres of
federal unconveyed lands.
Section 4(a) states that within 24 months after the date of
enactment of this act, if Cape Fox selects the identified 99
acres outside their selection area within the Tongass National
Forest, the Secretary shall convey the land to Cape Fox.
Subsection (b) states that, upon the conveyance described
in subsection (a), the Secretary shall convey to Sealaska
Corporation the subsurface estate to the same lands.
Subsection (c) states that the Secretary shall complete the
conveyances described in subsections (a) and (b) within 180
days after Cape Fox's selection.
Section 5 requires the Secretary to offer approximately
2.664 identified acres of Tongass National Forest land to Cape
Fox. If Cape Fox accepts the offered lands, Cape Fox shall,
within 60 days after the date of enactment of this Act,
identify for exchange lands totaling 2,900 areas that the
Forest service agrees are equal in value to the Federal
exchange lands.
Subsection (d) states that the Secretary and Cape Fox shall
mutually identify, if necessary additional Cape Fox lands to
equalize the values of the lands involved in the exchange.
Subsection (e) states that, notwithstanding section 14(f)
of ANCSA, the exchange described in this section shall be of
the surface and subsurface estate subject to valid existing
rights and all other provisions of section 14(g) of ANCSA.
Subsection (f) states that the Secretary of Agriculture
shall attempt, within 90 days after the date of enactment of
this Act, to enter into an agreement with Cape Fox to
consummate the exchange. This subsection also states that the
lands identified in the exchange agreement shall be exchanged
by conveyance at the earliest possible date after the exchange
agreement is signed. Finally, this subsection states that,
subject only to said agreement, the Secretary of the Interior
shall complete the interim conveyance to Cape Fox of the
Federal lands included in the exchange within 180 days after
the date of the execution of the exchange agreement.
Section 6(a) states that, upon Cape Fox's conveyance
pursuant to section 5 and Sealaska's conveyance pursuant to
subsection (c), the Secretary of the Interior shall convey to
Sealaska the Federal lands identified for exchange under
subsection (b).
Subsection (b) states that the lands to be conveyed to
Sealaska are the approximately 9,329 identified acres of
Tongass National Forest land. This subsection also states that
Sealaska shall be entitled, within 60 days after receiving
notice of the identification of Cape Fox exchange lands
pursuant to subsection 5(c), to identify lands it wants as part
of an exchange and that the Secretary of Agriculture agrees are
equal in value to the Sealaska exchange lands described in
subsection (c). Finally, this subsection states that the
exchange conveyance to Sealaska shall be the surface and
subsurface of the identified lands subject to valid existing
rights and all other provisions of section 14(g) of ANCSA.
Subsection (c) states that the lands to be transferred from
Sealaska to the Federal Government are (1) the subsurface
estate underlying the Cape Fox exchange lands described in
section 5(c), 2 an additional 2,506 acres of subsurface
underlying the Tongass National Forest described in Interim
Conveyance No. 1673, and (3) 2,698 acres of subsurface estate
of Tongass National Forest lands remaining to be conveyed to
Sealaska in an identified agreement between Sealaska and the
Forest Service.
Subsection (d) states that the Secretary of Agriculture
shall attempt, within 90 days after receipt of the selection of
lands by Sealaska, to enter into an agreement to consummate the
exchange. It further provides that the Secretary of the
Interior shall complete the interim conveyance to Sealaska
within 180 days after the execution of the exchange agreement
between Sealaska and the Secretary of Agriculture.
Subsection (e) states that the exchange pursuant to this
section shall be considered a further modification of the
Sealaska Corporation/Forest Service Split Estate Exchange
Agreement, as ratified in section 17 of Public Law 102-415.
Section 8(a) states that the exchanges described in this
Act shall be of equal value.
Subsection (b) requires Cape Fox and Sealaska to provide
title acceptable to the Secretary for their respective lands to
be exchanged to the United States pursuant to this Act.
Subsection (c) provides that Cape Fox, Sealaska, and the
United States shall not incur any liability for any hazardous
substance solely as a result of the conveyances.
Subsection (d) provides that any conveyance of Federal
lands to Cape Fox or Sealaska pursuant to this Act shall be
considered land conveyed pursuant to ANCSA and that Cape Fox
and Sealaska shall remain charged with lands they exchange but
shall not be charged for lands they receive under this Act with
respect to their entitlements. This subsection also states that
lands conveyed to the United States pursuant to this Act shall
become part of the Tongass National Forest.
Subsection (e) states that lands conveyed to or selected by
the State of Alaska under the Statehood Act (Public Law 85-508)
shall not be eligible for selection or conveyance under this
Act without the consent of the State of Alaska.
Subsection (f) states that if there is any discrepancy
between cited acreage and the land depicted on the specified
maps in this Act the maps shall control.
Subsection (g) requires that, not withstanding section
17(b) of ANCSA, Federal lands conveyed to Cape Fox or Sealaska
pursuant to this Act shall be subject only to the reservation
of public easements mutually agreed to and set forward in the
exchange agreements executed under this Act.
Subsection (h) requires the Secretary of Agriculture to add
an equal number of acres to old growth reserves on the Tongass
National Forest as are transferred out of Federal ownership as
a result of this Act.
Section 8 authorizes to be appropriated such sums as may be
necessary for any required surveys, value estimation and
related costs of exchanging lands specified in this Act, and
for road rehabilitation habitat and timber stand improvement,
including thinning and pruning, on lands acquired by the Forest
Service pursuant to this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 4, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2222, the Cape Fox
Land Entitlement Adjustment Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 2222--Cape Fox Land Entitlement Adjustment Act of 2002
CBO estimates that enacting S. 2222 would have no
significant impact on the federal budget. The bill could affect
direct spending (including offsetting receipts); therefore,
pay-as-you-go procedures would apply, but we estimate that any
such impacts would not exceed $10,000 a year.
S. 2222 would direct the Secretary of the Interior to
convey to Cape Fox Corporation, an Alaska Native village
corporation, the surface estate to 99 acres of federal lands
located within the Tongass National Forest in Alaska. The bill
also would direct the Secretary to convey to Sealaska
Corporation, an Alaska Native regional corporation, the
subsurface estate to those lands. According to the Forest
Service, those lands are not expected to generate significant
receipts over the next 10 years; hence, CBO estimates that
conveying them would have a negligible impact on the federal
budget.
In addition, S. 2222 would authorize the Secretary of
Agriculture to convey to Cape Fox Corporation the surface and
subsurface estates to about 2,664 acres of national forest
lands in exchange for other lands currently owned by that
corporation. Following that exchange, the bill also would
authorize the Secretary of Agriculture to convey to Sealaska
Corporation the surface and subsurface estates to federal lands
to be identified by that corporation in exchange for its
interests in the subsurface estate of roughly 5,204 acres of
other lands. Under the bill, any lands or interests exchanged
must be equal in value.
According to the Forest Service, completing the land
exchanges authorized by the bill could affect offsetting
receipts from timber harvests on the affected lands. S. 2222
does not specify all of the lands to be exchanged under the
bill, but does identify areas from which such lands would be
selected. The bill also specifies that, if the Secretary of
Agriculture conveys interests in national forest lands that are
currently designated as old growth preserve, she must set aside
other lands that, under current law, might be harvested in the
future in order to keep constant the number of acres in such
preserves. However, based on information from the Forest
Service about the level of timber harvesting expected to occur
on lands that could be affected by S. 2222, CBO estimates that
any forgone offsetting receipts from timber harvests probably
would not exceed $10,000 a year.
S. 2222 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The conveyances and exchanges authorized by this bill would be
voluntary on the part of Cape Fox Corporation and Sealaska
Corporation.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2222. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2222, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Forest Service at the
Subcommittee hearing follows:
Statement of Tom Thompson, Deputy Chief, National Forest System, USDA
Forest Service
Mr. Chairman and Members of the Subcommittee, thank you for
the opportunity to appear before you today. I am Tom Thompson,
Deputy Chief for the National Forest System, USDA Forest
Service. I am here today to provide the Department's views on
S. 2222, to resolve certain conveyances and provide for
alternative land selections under the Alaska Native Claims
Settlement Act related to Cape Fox Corporation and Sealaska
Corporation, and for other purposes.
s. 2222--cape fox land entitlement adjustment act of 2002
This bill, as introduced, provides for an additional 99
acres of Alaska Native Claims Settlement Act (ANCSA) selection
area for Cape Fox and Sealaska Corporations at Clover Passage,
on Revillagigedo Island. It also requires the Forest Service to
offer a land exchange, and if accepted by Cape Fox, complete a
land exchange with Cape Fox and Sealaska Corporations. The
Department of Agriculture could support the enactment of S.
2222 with the changes described below.
Through this land exchange:
Cape Fox Corporation would receive the surface and
subsurface of 2,663.9 acres of national forest system (NFS)
lands at the Jualin Mine site near Berners Bay, north of
Juneau.
Sealaska Corporation would receive the surface and
subsurface of NFS lands to equalize values of Sealaska
subsurface lands and land interests they convey to the U.S.
Sealaska Corporation will select NFS lands of equal value from
within a 9,329-acre pool of NFS lands at the Kensington Mine,
also near Berners Bay.
The Forest Service would receive lands and land
interests of equal value from within: (1) a pool of
approximately 3,000 acres and a public trail easement offered
by Cape Fox (surface) and Sealaska (subsurface) on
Revillagigedo Island; (2) 2,506 acres of Sealaska split estate
subsurface, located at Upper Harris River and Kitkun Bay, on
Prince of Wales Island; and (3) 2,698 acres of Sealaska
subsurface land interests remaining as entitlement from the
Haida Land Exchange Acts and the Sealaska/Forest Service Split
Estate Exchange Agreement of 1991. Cape Fox will choose the
lands to be conveyed to the United States from the 3,000-acre
pool in (1) above.
Recently, the Forest Service has been working with the
Committee as well as the Cape Fox and Sealaska Corporations to
clarify and improve S. 2222 language. Some areas we have agreed
to in concept include:
There is no intent to add to the total land
entitlement acreage available to Cape Fox or Sealaska
Corporations under the Alaska Native Claims Settlement Act
(ANCSA).
Lands to be exchanged will be equal in value.
Federal lands conveyed to Cape Fox or Sealaska
shall be subject to the reservation of rights-of-ways for
public access for the Alaska Department of Transportation and
Public Facilities Juneau Access Project.
Addition of a funding mechanism for the Secretary
of Interior to conduct required surveys, value estimates, and
related costs of exchanging lands specified in the Act, etc.
The Forest Service will continue to clarify and seek
agreement with both Cape Fox and Sealaska Corporation in five
general areas related to S. 2222 language as outlined below:
Land valuation standards and acceptance process.
Time frames for completing land exchanges.
Applicability of federal standards for title and
hazardous substances certification for exchanged lands.
The advisability of having the Forest service
maintain a five hundred foot buffer inland of the marine
shoreline in and adjacent to the waters of Berners Bay.
Reservation of rights-of-way necessary for public
access or other national forest purposes for Federal lands
conveyed to Cape Fox or Sealaska.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2222, as
ordered reported.